Victorian Consolidated Legislation

Adoption Act 1984 - SECT 53

General effect of adoption orders

53. General effect of adoption orders



(1) Subject to this Act and to the provisions of any other Act that expressly
distinguishes in any way between adopted children and children other than
adopted children, upon the making of an adoption order-

   (a)  the adopted child shall be treated in law as a child of the adoptive
        parent or adoptive parents, and the adoptive parent or adoptive
        parents shall be treated in law as the parent or parents of the child,
        as if the child had been born-

   (i)  to the adoptive parent; or

   (ii) to the adoptive parents in lawful wedlock;

   (b)  the adopted child shall be treated in law as if the adopted child were
        not a child of any person who was a parent (whether natural or
        adoptive) of the child before the making of the adoption order, and
        any such person shall be treated in law as if the person were not a
        parent of the child;

   (c)  the relationship to one another of all persons (including the adopted
        child and an adoptive parent or former parent of the adopted child)
        shall be determined on the basis of the foregoing provisions of this
        subsection so far as they are relevant;

   (d)  any guardianship of the adopted child ceases to have effect; and

   (e)  any previous adoption of the child (whether effected under the law of
        Victoria or otherwise) ceases to have effect.

(2) Notwithstanding subsection (1), for the purposes of any law relating to a
sexual offence, being a law for the purposes of which the relationship between
persons is relevant, an adoption order, or the discharge of an adoption order,
does not cause the cessation of any relationship that would have existed if
the adoption order, or the discharging order, as the case may be, had not been
made, and any such relationship shall be deemed to exist in addition to any
relationship that exists by virtue of the application of that subsection in
relation to that adoption order or by virtue of the discharge of that adoption
order.